Lecture 4 Int'l Business Contracts

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商务英语课程课件Unit 4 Business

商务英语课程课件Unit 4 Business
Emotional intelligence
Manage your own emotions and identify the other party's emotional state during negotiation
03 Business Practice Cases
Case analysis of successful enterprises
Multinational Corporation Operations
To supervise or influence an audience's opinion or behavior
Business presentation skills
• To communicate a company's values, goals, and vision
Business presentation skills
Make offers and counteroffers to reach a consensus
Close the deal by agreeing on terms and conditions
Business negotiation skills
Key Skills
Listening: Listen actively to understand the other party's position and needs
• SWOT Analysis: A strategic planning tool that assesses the Strengths, Weaknesses, Opportunities, and Threats affecting a business or organization

举个例子表明你喜欢这个专业英语作文

举个例子表明你喜欢这个专业英语作文

举个例子表明你喜欢这个专业英语作文我喜欢学习专业英语,因为它可以帮助我更好地理解我的专业知识。

I enjoy studying professional English because it helps me better understand my major knowledge.比如,我特别喜欢研究商务英语,因为我希望将来能在国际贸易领域工作。

For example, I particularly enjoy studying business English because I hope to work in the field of international trade in the future.在学习商务英语的课程中,我们经常需要阅读和理解商业合同、市场分析报告等文件。

In the business English course, we often need to read and understand documents such as business contracts and market analysis reports.这些内容不仅帮助我们提高英语水平,还有助于了解商业领域的专业知识。

These materials not only help us improve our English proficiency, but also contribute to understanding professional knowledge in the business field.而且学习专业英语还可以拓宽我们的视野,了解国际商业环境和国际贸易规则。

Moreover, studying professional English can broaden our horizons and help us understand the international business environment and international trade rules.我认为这些知识对我未来的职业发展非常重要。

国际商务合同翻译教程-国际商务合同基础知识-Learning-Basics-1

国际商务合同翻译教程-国际商务合同基础知识-Learning-Basics-1

国际商务合同翻译教程Learning Basics 1国际商务合同基础知识Unit One :Basic Knowledge of International Business ContractsContracts referred to in this 1aw are agreements between equal natural persons, legal persons and other organizations for the purpose of establishing, altering and terminating mutual civil rights and obligations.合同和契约都是指自愿订立共同遵守的条件,合作共事。

《中华人民共和国合同法》第2条规定“合同是平等主体的自然人、法人、其他组织之间设立、变更、终止民事权利义务关系的协议”。

根据这个定义,我们可以了解一般合同的法律特征。

(1)合同是一种法律行为这是指当事人之间为实现一定的目的,而产生的一定的权利义务关系,而且这种权利义务关系受国家强制力的保护,任何一方不履行合同或不完全履行合同,都要承担法律责任。

(2)合同是合法的法律行为双方当事人按照法律规范的要求达成的协议,产生双方所预期的法律后果,它是一种合法行为,因而为国家所承认和保护。

(3)合同是双方或多方当事人之间的协议这并不是讲当事人之间的任何协议都是合同,它只是当事人之间关于设立、变更、终止民事权利义务关系的协议。

(4)合同是当事人在平等、自愿的基础上所进行的民事法律行为这是合同法律关系同建立在领导与被领导、命令与服从基础上的行政关系的根本区别。

合同有广义和狭义之分广义的合同包括合同、协议,以及订立正式合同、协议之前当事人之间已经达成的有约束力或无约束力的法律文件,包括但不限于谅解备忘录或合作备忘录、框架协议、意向性协议或合作意向书、意向书、初步协议、君子协议、订单和章程等。

托福听力tpo49 lecture1、2、3、4 原文+题目+答案+译文

托福听力tpo49 lecture1、2、3、4 原文+题目+答案+译文

托福听力tpo49lecture1、2、3、4原文+题目+答案+译文Lecture1 (1)原文 (1)题目 (4)答案 (6)译文 (6)Lecture2 (8)原文 (8)题目 (10)答案 (12)译文 (12)Lecture3 (14)原文 (14)题目 (17)答案 (19)译文 (19)Lecture4 (21)原文 (21)题目 (23)答案 (25)译文 (25)Lecture1原文NARRATOR:Listen to part of a lecture in a geology class.MALE PROFESSOR:Alaska is fascinating to geologists because of its incrediblelandscapes.Uh,permafrost has a lot to do with this.That is,the areas where the ground—the soil—is always frozen,except for the very top layer—what we call the active layer of permafrost—which melts in the summer and refreezes again in the winter.The northern part of Alaska is covered in lakes—thousands of them—and most of these are what we call thaw lakes.T-h-a-w.Thaw lakes.I'm gonna show you a few sketches of them in a minute,so you'll have a good idea of what I'm talking about.So, how these thaw lakes are formed has to do with…OK,it starts with ice wedges.The top part of the ice wedge melts—Should I back up?Ice wedges form when water runs into cracks in the ground,the permafrost,then freezes.You ever see mud after it dries?Dried mud has cracks,because when it dries, it contracts,it shrinks.Well,in winter,permafrost behaves similarly.It shrinks in winter,because it freezes even more thoroughly then,and as it shrinks,it forms deep,deep cracks.Then in the summer,when the active layer—the top layer of the permafrost—melts,the melt water runs into those cracks in the permafrost,then freezes again—because that ground,the ground beneath the active layer,is still below freezing.So,you have wedges of ice in the permafrost.Now the ice wedges widen the original cracks in the permafrost,because water expands when it freezes.All right?OK,then in autumn,the active layer on top freezes again.Then in winter,the permafrost starts contracting again and the cracks open up even wider.So the next summer,when the active layer melts again and flows into the widened cracks…and…freezes…it makes the cracks even wider.So it’s sort of a cycle through which the cracks and the wedges grow wider and wider.So when the ice wedge reaches a certain size,its top part—in the active layer—turns into a little pond when it melts in the summer.And that's the beginning of your thaw lake.[pause]There are thousands of them in northern Alaska.One of the most fascinating things about these lakes—and this is important—is that they mostly havethe same shape.Like an elongated oval,or egg shape.And what's more,all the ovals are oriented in the same way.Here's an idea of what they look like,what the landscape looks like from an aerial view,with the lakes side by side.There's been considerable research done to try to figure out what causes them to be shaped and oriented this way.We know that the shape and orientation are caused by the way the lakes grow once they're formed,but the question is,what makes them grow this way?One theory sees winds as the cause.This region of Alaska has strong winds that blow perpendicular to the lakes.What happens is,wind blows straight into the longer side of the lakes.Now,wouldn’t that erode the lake bank in that direction?The same direction as the wind?Well…no.Actually,what happens is that the waves caused by the winds build a sorta protective layer of sediment—it's called a“protective shelf”—along the bank of the lake directly in front of them;so that bank is shielded from erosion,and the waves are diverted to the sides,to the left and to the right,and that’s why the left and the right banks start eroding.Get it?The bank straight ahead is protected,but the lake currents--the waves--erode the banks to the sides.That's the current model,um,the wind erosion model,which is generally accepted.But,there's a new theory that says that[deliberately]thaw slumping,not wind,is what shapes the thaw lakes.Thaw slumping,um…OK.Sometimes,in the summer,the temperature rises pretty quickly.So the active layer of permafrost thaws faster than the water can drain from the soil.So the sides of the thaw lakes get,like,mushy,and slump,or slide,into the lake.Then,the lake water spreads out more,and the lake gets bigger,OK?Also,in that part of Alaska,the terrain is gently sloped,so the lakes are all on an incline.Here.Now,this is an exaggeration of the angle—the hill isn't this steep—butsee how with the lake's banks,the side that is farther downhill…it's smaller,lower. This short bank thaws faster than the tall one does,so it falls into the lake—it slumps, much more and much faster than the other bank.When the short banks of many lakes slump,they move farther downhill and the lakes grow—all in the same downhill direction.This is a new theory,so it hasn't been tested much yet.In field studies,when we've looked at the banks of these thaw lakes,there's not much evidence of slumping. We'd expect to see cliff-like formations there,from the slumping,but we haven't really found many of those.题目1.What is the main purpose of the lecture?[Click on two answers.]A.To contrast how different kinds of thaw lakes growB.To explain why a new theory of thaw lakes is gaining acceptanceC.To explain how processes in permafrost lead to the formation of thaw lakesD.To describe two competing theories about the growth of thaw lakes2.The professor explains thaw lake formation as a cycle of events that occur repeatedly.Summarize this cycle,starting with the event filled in below.[Click on a sentence.Then drag it to the space where it belongs.The first one is done for you. One sentence will not be used]A.Meltwater flows into cracks in permafrostB.Ice wedges inside permafrost completely meltC.Freezing water expands cracks in permafrostD.Ice in the active layer melts as temperatures riseE.Permafrost shrinks and cracks as temperatures drop..3.What is the significance of the'protective shelf'discussed by the professor?A.It prevents the slumping of lake banks.B.It shields the lake surface from strong winds.C.It redirects the waves to lake banks that do not face the wind.D.It allows the lakes to grow in the same direction as the wind blows.4.According to the thaw slumping model,which side of a thaw lake grows fastest?A.The side where the bank is shortestB.The side least exposed to windC.The side that is at the highest elevationD.The side opposite the protective shelf5.What is the professor's opinion of the thaw slumping model?A.He thinks it was urgently needed.B.He is not convinced that it has a firm basis.C.He thinks it would be better if it were simplified.D.He does not think it is very different from the old model.6.Why does the professor say this:You ever see mud after it dries?A.He wants some information from the students.B.He thinks that the students may find an example helpful.C.He realizes that he forgot to mention an important topic.D.He wants to point out an important difference between frozen ground and dry ground.答案CD EDACB C A B B译文听一段地质学的讲座。

Lecture4interpretationofcontracts

Lecture4interpretationofcontracts

THE GOLDEN RULE
• Intention of the parties prevails. • Rohan Construction Ltd v. Insurance
Corporation of Ireland
– The intention must be looked for in the policy, including any documents incorporated therein.
– Insurer must bring their case clearly and unambiguously within their exception
PAROL EVIDENCE
INTERPRETATION OF CONTRACTS
Lecture 4 - week 2
REQUIREMENTS OF A CONTRACT
• Two or more persons • Agreement
– Offer – Acceptance
• Consideration • Intention to enter into a legal relationship • Capacity to contract
ORDINARY MEANING
• Robertson v. French (1803)
– “A policy of insurance … is to be construed according to its sense and meaning as collected, in the first place, from the terms used in it, which terms are themselves to be understood in their plain, ordinary and popular sense.”

Lecture 4 Int'l Business Contracts

Lecture 4  Int'l Business Contracts
e.g.: In case one party decides to sell or assign all or part of his investment subscribed, the other party shall have the preemptive* right.如果一方想出售或转让其所投资的全部或一部分, 如果一方想出售或转让其所投资的全部或一部分, 如果一方想出售或转让其所投资的全部或一部分 另一方应有优先购买权。 优先购买权 另一方应有优先购买权。 *preemptive: designed or having the power to deter or prevent an anticipated situation or occurrence; "a ~ business offer"
Lecture 4 Int’l Business Contracts
1.Introduction to contract
(1) Definition: agreement between equal natural persons, Definition legal persons and other organizations for the purpose of estabing mutual civil rights and obligations. 合同是平等主体的自然人、法人、其他组织之间设立、变更、 合同是平等主体的自然人、法人、其他组织之间设立、变更、终 平等主体 之间设立 止民事权利义务关系的协议。 止民事权利义务关系的协议。 关系的协议 (2) Stylistic features of contracts: contradictory rights and contracts obligations; the language should be specified, clear, formal, free from ambiguity.

Bussiness English(unit 4 Basic Concept of International Business Contracts)

Bussiness English(unit 4 Basic Concept of International Business Contracts)

买卖双方同意按下述条款购买出售下列商品 并签订本合同。
10.limitation of time 自9月2O日起,甲方已无权接受任何定 单或收据。 Party A shall be unauthorized to accept any order sort to collect any account on and after September 20.
1.Shipping advice装运通知 shipping instructions 装运须知 vendor vendor(卖主)and vendee(买主) and vendee consignor(发货人)and consignee (收货人)
2. abide by and comply with 双方都应遵守/双方的一切活动都应 遵守合同规定。 Both parties Shall abide by/All the activities of both parties shall comply with the contractual stipulations.
3. change A to B and change A into B
交货期改为 8 月并将美元折合成人民币。 Both parties agree that change the time of shipment to August and change US dollar into Renminbi.
⑵A legally binding agreement
The general legal features of contracts ⑴ Contract is a legal action ⑵ Contract is an agreement between two or more parties. ⑶ Contract shall be concluded in accordance with the principles of equality and of achieving agreement through consultation .

lecture 4 商务合同的翻译解析

lecture 4 商务合同的翻译解析
双方在签约前交换的所有文件、书信、电报和电 传,应从本合同生效之日开始自动失效。
7
• Terms and conditions 条件 • null and void 无效 • free and clear of 无 • able and willing 能够并愿意
8
Use shall, should, may, will mostly
商务合同的翻译
1
语Hale Waihona Puke 特色• 多使用正式或法律上的用词 1)At the request of Party B, Party A agrees to
send technicians to assist Party B to install the equipment. 应乙方要求,甲方同意派遣技术员帮助乙方安装设 备(help) 2)Party A shall repatriate the patient to China and bear the cost of his passage to Beijing. 甲方应将病人遣返中国,负责病人回到北京的旅费。 (send back)
12
Use the correct and precise words In the absence of such statement, the commercial documents will be released only against payment. 如无此项说明, 商业单据仅凭付款交 付.
telexes interchanged between both parties before the signing of the Contract shall become null and void automatically from the date on which the Contract comes into force.

Chapter 1国际商务合同的基础知识《国际商务合同双语》PPT课件

Chapter 1国际商务合同的基础知识《国际商务合同双语》PPT课件

Guide Case Selling Water for China
• 2. The Scene
• These negotiations concerned an urban water supply system providing potable water to around one million people. Through an agent in the province, the China subsidiary PAQ had secured a contract to construct a water treatment plant for the system.
Guide Case Selling Water for China
• 2. The Scene
• Some time after the completion and commissioning of the plant, PAQ learned from the same agent that the municipality was short of funds for some urgent development projects. One of its options was to privatize the municipality’s water supply facilities.
Basic Knowledge of International
Business Contracts 国际商务合同的基础知识
Guide Case Selling Water for China
• 1. Case Story • Overview:Acqua International(AQ)is a Europe⁃based

商务合同翻译Business Contracts(1)

商务合同翻译Business Contracts(1)

2.合同的种类

商务合同的种类:
购销合同、借贷合同、协作合同、加工合同、基建合同、保 险合同、货运合同、责任合同等等。

涉外合同的种类:
涉外货物买卖合同、涉外运输合同、涉外保险合同、中外合 资经营企业合同、中外合作经营企业合同、来料加工合同、 来件装配合同、补偿贸易合同、涉外租赁合同等。

涉外合同的形式:
4)结尾条款 / Witness Clause
一般包括份数、使用的文字和效力、签名 Pages / Concluding Sentence / Signature
5.商务合同的语言特点(1)
1) 专业术语多
英语商务合同中,经常使用国际商务术语及缩略语。例如: we have covered the goods against the risk of breakage, TPND , etc. 句中TPND指 Theft, Pilferage and Non-Delivery( 盗窃及提货不 着险)。 payment will be made by irrevocable L/C at sight against presentation of shipping documents. 句中irrevocable L/C at sight 意思是不可撤销的即期信用证。
1.合同的概念
合同是平等主体的自然人、法人、其他组织之间设立、 变更、终止民事权利义务关系的协议。 Contract: a. binding agreement between persons, groups, states . b. b. agreement to supply goods do work, etc, at fixed price.
7.商务合同的语言特点(3)

商务合同的翻译

商务合同的翻译

一. 词法特征及其翻译
4. 法律词汇
1)shall 的使用:“shall”在法律文件中有其特殊的含义,表示“应当承担的责任和义 务”,通常表述各项具体的规定与要求,带有指令性和强制性,译为“应“、”应当” 或“必须”。(见专业词汇项例1和例2。同样,汉译英时通常用“第三人称主语+shall” 结构。
documents required for negotiation / collection to the banks. 卖方必须将下列单据提交银行议付或托收。 2)Under the usance draft, the bearer shall present it to the payer for acceptance before the date of maturity. 如为远期汇票,持票人应在汇票到期前向付款人提示 承兑。
Introduction
3. The features of an English business contract 1) writing style: solemn / frozen style (契约文体) 2) make-up:
the preamble the main body, the final clauses
Resources (中外合作开采自然资源合同) Contract for Foreign Labor Services (涉外劳务合同) Contract for International Leasing Affairs (国际租赁合同) Contract for Sino-foreign Credits and Loans (涉外信贷合同) Contract for International Build-Operate-Transfer (国际BOT 投资合

英语经贸应用文Part One International Business Contracts[精]

英语经贸应用文Part One International Business Contracts[精]

however, shall not exceed 10% of the total value of the goods involved in the late
delivery. The rate of penalty is charged at 1% for every 7 days, odd days less than 7
14 Documents:The Seller shall present the following documents required to the bank for negotiation:
1) Full set of clean on board Ocean/Combined Transportation/Land Bills of Lading and blank endorsed marked freight prepaid;
Lead-in
What is a sale contract
It is the realization of all the previous business practices we have specified before
What is contract?
It’s an angreement
2) Signed commercial invoice in 3 copies indicating Contract No., L/C No. (Terms of L/C) and shipping marks;
3) Packing list/weight memo in 5 copies;
4) Certificate of Quality in 3 copies;
By 100% confirmed, irrevocable, transferable and divisible L/C to be available by sight draft to reach the sellers 30 days before the time of shipment and to remain valid for negotiation in China until 15 days after the aforesaid time of shipment. The L/C must specify that transhipmen

商务英语合同的概念与内容

商务英语合同的概念与内容

商务英语合同的概念与内容A business contract is a legally binding agreement between two or more parties that outlines the terms and conditions of a business transaction. It is a formal document that specifies the rights and obligations of each party involved in the agreement. Business contracts are essential for establishing clear expectations and protecting the interests of all parties involved in a business deal.The content of a business contract typically includes the following key elements:1. Parties Involved: The contract should clearly identify the parties entering into the agreement. This includes the legal names and contact information of all individuals or entities involved in the contract.2. Agreement Terms: The contract should outline the specific terms and conditions of the agreement, including the scope of work, deliverables, timelines, and any other relevant details.3. Payment Terms: The contract should clearly specify the payment terms, including the total amount, payment schedule, method of payment, and any penalties for late payments.4. Responsibilities and Obligations: The contract should outline the responsibilities and obligations of each party involved in the agreement. This includes the specific duties, roles, and expectations of each party.5. Termination Clause: The contract should include a termination clause that outlines the conditions under which either party can terminate the agreement, as well as any associated penalties or notice periods.6. Confidentiality and Non-Disclosure: If applicable, the contract should include provisions for protecting confidential information and trade secrets, as well as non-disclosure agreements to prevent the unauthorized sharing of sensitive information.7. Dispute Resolution: The contract should include provisions for resolving disputes, such as through mediation, arbitration, or litigation, and specify the governing law for the agreement.8. Signatures: The contract should be signed by all parties involved to indicate their agreement to the terms and conditions outlined in the document.商务合同是指两个或多个当事人之间的一种具有法律约束力的协议,它明确了商业交易的条款和条件。

商务英语合同要素

商务英语合同要素

商务英语合同要素In the realm of international business, contracts are the lifeblood that ensures smooth and legally binding transactions. The elements of a business English contract are paramount to its effectiveness and enforceability. Here is a detailed look at the essential components of such contracts:1. Parties Involved:The contract must clearly identify the parties involved, including their legal names, addresses, and contact details. This provides a clear understanding of who is entering into the agreement.2. Objective:The objective or purpose of the contract should be explicitly stated. This section outlines the goals and intentions of the agreement, ensuring that both parties have a common understanding of what is being agreed upon.3. Terms and Conditions:This is the heart of the contract, detailing the specific terms and conditions under which the agreement is made. These can include payment terms, delivery schedules, warranties, and the scope of work.4. Performance Obligations:Each party's obligations must be clearly defined. This includes the services to be provided, the products to be delivered, and any other commitments that must be fulfilled.5. Payment Terms:The payment terms should specify the amount to be paid,the currency, the payment schedule, and the method of payment. It should also outline any penalties for late payments or breaches of payment terms.6. Confidentiality Clause:To protect sensitive information, a confidentialityclause is often included. This restricts the parties from disclosing proprietary information to third parties without consent.7. Duration and Termination:The contract should specify the duration of the agreement and the conditions under which it can be terminated. This may include breach of contract, non-performance, or mutual agreement.8. Dispute Resolution:A dispute resolution clause outlines the process for resolving any disagreements that may arise. This can includenegotiation, mediation, arbitration, or litigation.9. Governing Law:The contract should specify the jurisdiction and the governing law that will apply in case of any disputes orlegal issues.10. Signatures:The contract must be signed by authorized representatives of both parties. This is a crucial step that signifies the agreement's acceptance and commitment.11. Annexes and Appendices:Any additional documents, such as technical specifications, product descriptions, or service schedules, should be attached as annexes or appendices for reference.12. Date of Execution:The date on which the contract is signed by both parties should be clearly stated. This date is often used to determine the start of the contractual obligations.In conclusion, a well-crafted business English contractis a comprehensive document that covers all aspects of the agreement. It serves as a legal document that protects the interests of both parties and provides a framework for conducting business transactions.。

国际商务合同翻译教学

国际商务合同翻译教学
▪ (原译:在合同生效之日起到合同终止之日的期间内,双 方每年举行一次会议,讨论合同发行中出现的问题。)
▪ 原文在理解上没有什么特别困难的地方,译文意思也算正 确,但只对原文逐字逐句翻译,显得呆板,改译为:本合 同有效期间,双方应每年正式会晤一次,以讨论本合同履 行期间存在的问题。
编辑ppt
remember the following expressions.
编辑ppt
2 Genuineness of consent
• Any consent to a business contract must be genuine, and lack of genuine consent can be the result of a mutual mistake of fact, fraud, duress. If one party, through the use of fraud or forced means or by taking advantage of the other party’s difficulties, leads the other party to conclude a business contract contrary to his true intentions, the party suffering from harm has the right to request that the court or an arbitration body alter the contract.
编辑ppt
解释合同 执行(履行)合同 终止合同 撕毁合同 履行合同 草拟合同 执行合同 执行合同 履行合同 遵守合同 与…订立合同
interpretation of contract performance of contract termination of contract break a contract carry out a contract draw up a contract execute a contract fulfill a contract implement a contract keep a contract make 编辑ppt a contract with…

商务英语合同中的定语从句

商务英语合同中的定语从句

商务英语合同中的定语从句In the realm of business English, the use of attributive clauses is a sophisticated way to convey detailed information about a noun within a contract. These clauses provide essential details that can clarify the nature of the agreement, the parties involved, and the terms of the contract itself. Here's how attributive clauses can be effectively utilized in a business English contract:1. Defining Parties: "The Party, which enters into this agreement, shall be referred to as the 'Contractor.'" This clause specifies which party is being referred to within the contract.2. Describing Objects: "The goods, that are the subject of this contract, are defined in Schedule A." This clause directs the reader to another part of the document for a detailed description of the goods involved.3. Specifying Conditions: "The payment terms, under which the Contractor is obligated to pay, are detailed in Section4." This clause outlines the specific conditions that must be met for payment to be due.4. Identifying Timeframes: "The effective date of this agreement is the date on which both Parties have signed, as evidenced by their signatures." This clause pinpoints the exact time when the contract becomes effective.5. Clarifying Locations: "The jurisdiction governing this contract is the state in which the Company's headquarters is located." This clause specifies the legal jurisdiction that will be applied to the contract.6. Enumerating Obligations: "The services, including but not limited to those listed in Exhibit B, shall be provided by the Contractor." This clause expands on the services that the contractor is obligated to provide, with a reference to an exhibit for a comprehensive list.7. Stipulating Consequences: "In the event that the Contractor fails to meet the deadlines specified in this agreement, the penalties outlined in Clause 12 shall apply." This clause links to a specific clause that details the consequences of non-compliance.8. Referring to Legal Definitions: "The term 'Force Majeure,' as used in this contract, shall have the meaning ascribed to it in legal jurisprudence." This clause refers to a legal definition that is assumed to be known by the reader.9. Limiting Scope: "The indemnification provided for in this contract shall only apply to claims arising directly from the actions of the Contractor." This clause limits the scope of indemnification to specific conditions.10. Detailing Processes: "The process, by which disputes shall be resolved, is detailed in the arbitration clause of this agreement." This clause directs the reader to therelevant section for dispute resolution procedures.Attributive clauses are powerful tools in legal writing, allowing for the inclusion of complex information in a concise manner. They are particularly useful in business contracts where precision and clarity are paramount. When drafting or reviewing a contract, it's crucial to ensure that these clauses are used correctly to avoid ambiguity and potential legal disputes.。

英语经贸应用文Part One International Business Contracts

英语经贸应用文Part One International Business Contracts

Lead-in
Contents:
The title of the contract The date and the place of signing the contract or agreement The preamble of the contract or agreement The name and specifications of the commodity quantity, unit
insurance in time.
16 Quality/Quantity Discrepancy and Claim: In case of quality discrepancy, claim should be lodged by the Buyers within 3 months after the arrival of the goods at port of
advise the Buyer by fax/telephone of the Contract No., commodity, invoice
value and the date of dispatch two days before the shipment for the Buyer to arrange
price and total value, packing, shipment, payment, insurance, inspection, claim and arbitration, etc.
Samples
Sales Contract
No.:YY823496 Date :July 18, 20___ Signed at:Hong Kong This contract is made and entered into by ABC Corporation (hereinafter referred to as “SELLERS”), a Chinese corporation having their principal office at Building 12, Block 2,Anhuili, Chaoyang District, Beijing, P.R.China who agrees to sell and XYZ Corporation ( hereinafter referred to as “BUYERS”), a New York corporation having their principal office at 30 Wall St., New York, N.Y., USA, who agrees to buy the following goods on the terms and conditions stated as below:

国际商务谈判英文版课件

国际商务谈判英文版课件

Paying attention to body language, legal expressions, and tone of voice can provide additional information
Non verbal communication
Repeating or summarizing what the other party has said can ensure that you have understanding their points correctly
Cultural factors in international business negotiations
04
Body language
Non verbal cues such as factual expressions, posts, and styles can convey messages that are just as important as what is said verbally
01
Course objectives
This course aims to provide students with the knowledge and skills necessary for effective international business negotiations
Course structure
Mediation
If necessary, a neutral third party can help resolve conflicts by facilitating communication and bridging cultural divisions

英语商务合同常识

英语商务合同常识

英语商务合同常识English Business Contract: Basic Knowledge (1200 words)Introduction:The English language is widely used in international business transactions. Understanding the basic knowledge of business contracts is crucial for business professionals engaging in international trade. This article provides key information about English business contracts.1. Definition and Purpose of a Business Contract:A business contract is a legally binding agreement between two or more parties. It outlines the rights and obligations of each party, specifying the terms and conditions under which a businesstransaction will be conducted. The purpose of a business contract isto protect the interests of all parties involved and provide a legal framework for dispute resolution if needed.2. Essential Elements of a Business Contract:To be legally enforceable, a business contract must have the following essential elements:a. Offer and Acceptance: One party must make a clear and definite offer, which the other party must accept without any conditions or modifications.b. Consideration: Each party must contribute something of value, such as goods, services, or money, to the agreement.第1页/共4页c. Intention to Create Legal Relations: Both parties must havethe intention to be legally bound by the terms of the contract.d. Legal Capacity: All parties must have the legal capacity to enter into a contract, meaning they must be of legal age and mentally capable.e. Certainty: The terms of the contract should be clear, specific, and not open to interpretation.f. Consent: The contract should be entered into voluntarily and without any undue influence or coercion.3. Types of Business Contracts:There are several types of business contracts commonly used in English-speaking countries:a. Sales Contracts: These contracts outline the terms of sale for goods or services, including price, quantity, quality, and delivery terms.b. Service Contracts: These contracts define the services to be provided, such as consulting, maintenance, or IT services.c. Distribution Contracts: These contracts establish the terms of a distribution agreement between a manufacturer or supplier and a distributor.d. Employment Contracts: These contracts specify the terms and conditions of employment, including salary, benefits, and responsibilities.e. Non-Disclosure Agreements (NDAs): These contracts protect confidential information from being disclosed to third parties.f. Joint Venture Contracts: These contracts define the terms of a business partnership between two or more parties for a specificproject or purpose.4. Drafting a Business Contract:When drafting an English business contract, it is essential to be clear, concise, and unambiguous. The contract should address all key elements and include the following information:a. Parties Involved: Clearly identify all parties entering into the contract, including their legal names and contact details.b. Terms and Conditions: Specify the rights, obligations, and responsibilities of each party, including details of the goods or services being provided, payment terms, delivery terms, and any warranties or guarantees.c. Dispute Resolution: Include a clause stating how disputes will be resolved, such as through mediation, arbitration, or litigation.d. Governing Law: Determine the jurisdiction whose laws will govern the contract, usually the laws of the country where the contract is signed or performed.e. Termination Clause: Define the conditions under which either party can terminate the contract.5. Legal Implications:Failure to comply with the terms of a business contract canresult in legal consequences, such as breach of contract claims, monetary damages, or even court injunctions. It is essential to understand the legal implications and seek legal advice if needed.Conclusion:English business contracts serve as the backbone of international trade. Understanding the basics of business contracts, includingtheir definition, essential elements, types, drafting process, and legal implications, is crucial for successful business negotiations第3页/共4页and transactions. It is advisable to seek professional legal assistance to ensure compliance with local laws and regulations.。

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(3)Witness(Ending):
① Concluding sentence ② Signature ③ Seal
3. ABCs for Business Writing: (1) Shall 的使用: obligation—binding powerful 的使用: (2) subject (to): (3) Compound adverbs: (4) Special sentence type: be to do/ should sb. do…/passive voice/repetition e.g. : ① The transfer to a third party of all or part of the debtor’s obligations as described in the contract shall be approved by the creditor. 债权人将合同的义务全部或部分转移给 第三方,须经债权人同意。 第三方,须经债权人同意。 ② In the event of non-conforming, the sender shall promptly repair or replace such goods or supply the quantity that is deficient. 如果发生不一致的情形,卖方立即修理或更换这些货物 如果发生不一致的情形, 来不足。 来不足。 ③ The draft contract is subject to the approval of xxx Xo. 本合同超高需征求xxx公司之同意。 公司之同意。 本合同超高需征求 公司之同意 ④ The offer is subject to our final affirmation. 本报盘以我方最后确定为准。 本报盘以我方最后确定为准。
2. Format and components of business contracts: (1)Preamble前言 前言: 前言 Title名称 名称 Number of the contract Date of signing Signing parties Place of signing Each party’s authority Recitals of Witness Clause
Vocabulary: ①Vocabulary
☆Use of clearly defined terms: 使用定义明确的术语 e.g.: EXW FOB FCA CFR FAS CIF CPT CIP DAF DES DEQ DOU DDP M/T T/T D/D D/A D/P L/C ☆Formal Expressions: e.g. Party A shall send back/expatriate the patient to China and bear the cost of his passage to Beijing. 甲方应将病人遣返中国,负担其返回北京的旅费。 遣返中国 甲方应将病人遣返中国,负担其返回北京的旅费。 words: ◎Borrowed words e.g. ⑴ The arbitration shall take place in the Plaintiff or Defendant’s country.仲裁应在原告或被告的国家进行。 仲裁应在原告 的国家进行。 仲裁应在原告或被告的国家进行 (from French) )
(2)Body:including definition clauses, basis condition and general ) terms Name of the commodity Quality Quantity Price Packing Insurance Shipment and delivery Industrial property and patent Payment Inspection Training Confidential Guarantee Claim Breach违反 and Rescission废除 of contract 违反 废除 Arbitration Force Majeure/mæ’zƽ:/不可抗力 ƽ 不可抗力 Applicable Law Miscellaneous
⑵ Transshipment en route is not allowed without the buyer’s consent. 未经买方同意,不允许货物途中转船。( ) 未经买方同意,不允许货物途中转船。( 途中转船。(Fr.) ⑶An allowance on the basis of 2% of the sales price for each unit shall bethe purchase price fraction pro rata. 补贴应按每单位售价的2%计算并从购价中按比例扣除。 补贴应按每单位售价的 计算并从购价中按比例扣除。(Latin) 计算并从购价中按比例扣除 ◎Legal terms:
(08)31. The largest city in Canada is A. Vancouver. B. Montreal. C. Toronto D. Ottawa. 32. According to the United States Constitution, the legislative power is invested in A. the Federal Government. B. the Supreme Court. C. the Cabinet. D. the Congress. 33. Which of the following is the oldest sport in the United States? A. Baseball. B. Tennis. C. Basketball. D. American football. 34. The head of the executive branch in New Zealand is A. the President. B. the Governor-General. C. the British monarch, D. the Prime Minister. 35. The Canterbury Tales, a collection of stories told by a group of pilgrims on their way to Canterbury, is an important poetic work by A. William Langland. B. Geoffrey Chaucer. C. William Shakespeare. D. Alfred Tennyson.
31-40、CDADB CADBD 、
36. Who wrote The American? A. Herman Melville. B. Nathaniel Hawthorne. C. Henry James. D. Theodore Dreiser. 37. All of the following are well-known female writers in 20th century Britain EXCEPT A. George Eliot. B. Iris Jean Murdoch. C. Doris Lessing. D. Muriel Spark. 38. Which of the following is NOT a design feature of human language? A. Arbitrariness. B. Displacement. C. Duality. D. Diachronicity. 39. What type of sentence is “Mark likes fiction, but Tim is interested in poetry.”? A. A simple sentence. B. A coordinate sentence. C. A complex sentence. D. None of the above. 40. The phenomenon that words having different meanings have the same form is called A. hyponymy. B. synonymy. C. polysemy. D. homonymy.
Lecture 4 Int’l Business Contracts
1.Introduction to contract
(1) Definition: agreement between equal natural persons, Definition legal persons and other organizations for the purpose of establishing, altering and terminating mutual civil rights and obligations. 合同是平等主体的自然人、法人、其他组织之间设立、变更、 合同是平等主体的自然人、法人、其他组织之间设立、变更、终 平等主体 之间设立 止民事权利义务关系的协议。 止民事权利义务关系的协议。 关系的协议 (2) Stylistic features of contracts: contradictory rights and contracts obligations; the language should be specified, clear, formal, free from ambiguity.
e.g.: In case one party decides to sell or assign all or part of his investment subscribed, the other party shall have the preemptive* right.如果一方想出售或转让其所投资的全部或一部分, 如果一方想出售或转让其所投资的全部或一部分, 如果一方想出售或转让其所投资的全部或一部分 另一方应有优先购买权。 优先购买权 另一方应有优先购买权。 *preemptive: designed or having the power to deter or prevent an anticipated situation or occurrence; "a ~ business offer"
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